Written Statements

Tuesday 9th June 2020 Written Statements

Tuesday 9 June 2020

Criminal Procedure Investigations Act Code of Practice: Attorney General’s Guidelines

Tuesday 9th June 2020 Written Statements

[The Attorney General (Suella Braverman)]

I wish to provide an update on the public consultation on the Attorney General’s guidelines on disclosure and the CPIA code of practice.

Extended deadline

In February this year, as a result of the hard work undertaken by all involved in the disclosure review, the Lord Chancellor and I launched a public consultation on the revised versions of the Attorney General’s guidelines on disclosure for investigators, prosecutors and defence practitioners (“the guidelines”) and the Criminal Procedure and Investigations Act 1996 (“CPIA”) code of practice.

In order to show support to all those facing increasing covid-19 related pressures, the Lord Chancellor and I decided to extend our consultation. We hope that this new deadline will provide enough time for legal professionals, criminal justice partners and those interested to put forward their views on the changes being made.

As it has not been possible to proactively engage with criminal justice partners as originally anticipated, we wanted to take the opportunity to ask you as Members of Parliament, to encourage those with whom you work who may have an interest in this area to provide feedback to our public consultation. This would help us to engage with key professionals and those with experience in disclosure to ensure that the changes we are proposing are as effective as possible.

The consultation will now close on 22 July 2020 and further details can be found at: https://www.gov.uk/government/publications/consultation-on-revisions-to-the-attorney-generals-guidelines-on-disclosure-and-the-cpia-code-of-practice.

Disclosure

The disclosure of unused material in criminal cases remains a crucial part of ensuring a fair trial takes place and is essential in avoiding miscarriages of justice. Unfortunately, the failure to disclose material promptly has led to the collapse of a number of trials and has impacted the public’s confidence in the administration of the criminal justice system.

It is a priority for this Government to continue to encourage improvements in the disclosure process and to achieve permanent change. It is essential that we ensure there are fair trials for all and that we increase confidence in the criminal justice system.

The proposed changes

In November 2018, the Government published a review of the efficiency and effectiveness of disclosure in the criminal justice system, which made a set of recommendations to improve disclosure performance and to address the key challenges of modern disclosure practice. The review recommended that the Attorney General’s guidelines on disclosure required an update in order to truly reflect the challenges of today’s disclosure regime.

The guidelines provide a set of high-level principles on the disclosure of unused material in criminal cases, aimed at assisting investigators, prosecutors and defence practitioners in England and Wales apply the disclosure regime contained in the CPIA code of practice.

The changes seek to provide a better representation of the challenges faced by the modern day investigator, prosecutor and defence practitioner. The updated guidelines address the need for culture change, earlier performance of disclosure obligations, the use of technology and balancing the right to privacy with the right to a fair trial.

This consultation is an opportunity to take a crucial step in the disclosure process, both to deal with issues that have been a long-standing concern and to provide practitioners with the tools they need to handle their disclosure obligations effectively.

The Lord Chancellor and I thank all of those who have engaged with us during the process and we are grateful for the role that you have played in recognising the complex challenges that affect the proper performance of the duty of disclosure.

[HCWS276]

COP26: New Date Announcement

Tuesday 9th June 2020 Written Statements

[The Secretary of State for Business, Energy and Industrial Strategy (Alok Sharma)]

I am tabling this statement for the benefit of honourable and right honourable Members to bring to their attention the new date that has been announced for COP26 United Nations climate change conference.

The COP bureau of the UNFCCC (United Nations framework convention on climate change), with the UK and its Italian partners have agreed new dates for the COP26 UN climate conference, which will now take place between 1 and 12 November 2021 in Glasgow.

The agreement followed consultation with UNFCCC members, delivery partners and other stakeholders. The conference was originally set to take place in November 2020, but had been postponed due to covid-19.

In the run up to November 2021, the UK Government as hosts will continue to work with all involved to increase climate action, build resilience and lower emissions. The new date will also allow the UK and our Italian partners to harness our incoming G7 and G20 presidencies in driving climate ambition.

For more information on this please go to https://www.gov. uk/government/news/new-dates-agreed-for-cop26-united-nations-climate-change-conference.

[HCWS279]

Workplace Support for Victims of Domestic Abuse

Tuesday 9th June 2020 Written Statements

[The Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy (Paul Scully)]

I am tabling this statement for the benefit of hon. and right hon. Members to bring to their attention the details of a review into support in the workplace for victims of domestic abuse.

The Government are committed to supporting victims of domestic abuse and are currently taking their Domestic Abuse Bill through Parliament. The Bill and wider package of non-legislative measures underpinning it focus on raising awareness and increasing understanding of domestic abuse, further improving the effectiveness of the justice system in protecting victims of domestic abuse and their children, bringing perpetrators to justice and strengthening the support available for victims by statutory agencies.

Domestic abuse affects every aspect of a victim’s life, so it should come as no surprise that domestic abuse also affects a victim’s work. It strips people of their independence, can reduce their productivity, and ultimately denies them the opportunity to flourish and develop in their chosen career.

There is already a lot of support which employers can, and do, provide to domestic abuse victims. A number of organisations have developed best practice guidance and model policies to help employers to improve the support available to employees affected by domestic abuse, such as the Equality and Human Rights Commission, Business in the Community and the Employers’ Initiative on Domestic Abuse.

The review is an opportunity to draw together the various existing strands of activity and consider whether there is more that can be done to support victims of domestic abuse in the workplace. It will start with a call for evidence and will investigate:

What practical circumstances arise in relation to domestic abuse and work?

What support can be offered in the workplace for victims of domestic abuse?

What is possible within the existing statutory framework?

What does current best practice look like, in the UK and elsewhere?

What is the potential to do more?

The review will report by the end of the year.

[HCWS277]

Annual Canvass

Tuesday 9th June 2020 Written Statements

[The Minister of State, Cabinet Office (Chloe Smith)]

I wish to update the House on the work that HM Government have been doing to address the risks presented by covid-19 in relation to the next boundary review due to start in 2021, and to the annual canvass. This follows the introduction of the Parliamentary Constituencies Bill on 19 May, and its Second Reading on 2 June.

Boundary review and electoral data

Under current legislation, the next boundary review will be based on the number of registered electors as at 1 December 2020, following the annual canvass. This is in accordance with the normal, long-established position and that, as a general rule, the revised register that is produced following the annual canvass represents the most up-to-date, robust and transparent information source on which to base a boundary review.

The Government have introduced the Parliamentary Constituencies Bill, which will provide for boundary reviews based on a House of Commons with 650 seats.

As I set out during the Second Reading of the Bill on 2 June, in light of the potential impact of covid-19 on the operation of ongoing electoral registration activities and the annual canvass, we have already been considering carefully the options for the next boundary review to be based on an alternative set of electoral data.

I am now in a position to update Parliament on the Government’s plans, following my commitment to the House to do so during the Second Reading debate.

Having engaged with representatives of the parliamentary parties and electoral stakeholders, the Government have decided to bring forward an amendment to the Parliamentary Constituencies Bill at Committee stage to address this issue. This Government amendment will make provision for the next boundary review to be based, on a one-off basis, on the number of registered electors at 2 March 2020.

It is intended that this data will be supplied by electoral registration officers (EROs) to the Office for National Statistics (in England and Wales) and National Records of Scotland (in Scotland), and that the chief electoral officer for Northern Ireland will produce the data for Northern Ireland. ONS will collate and publish the data for all four constituent nations of the United Kingdom. This approach will provide the most up-to-date electoral registration data available from the point before the impacts of covid-19 became widespread. It will capture the registrations that took place in the run-up to the 2019 general election, subject to any monthly updates made to the register between the election and 2 March 2020.

We have engaged with the parliamentary parties panel, other party representatives and electoral stakeholders on this issue in recent months. There is a consensus that, as a consequence of covid-19, a different approach will be needed this year, and I hope this amendment will deliver that.

Annual canvass 2020

The Government intend shortly to lay before Parliament a draft of the Representation of the People (Electoral Registers Publication Date) Regulations 2020.

Like many sectors, the work of electoral services teams have been affected by the current covid-19 pandemic. This includes staff members having reduced access to office facilities; undertaking greater caring responsibilities while working from home; and being shielded or self-isolating, as well as some team members pivoting toward providing essential services within their local communities. At present, however, EROs in England, Scotland and Wales are legally obliged to publish the revised electoral register by 1 December 2020 or they will be liable for prosecution for failure to conduct their statutory duties under the Representation of the People Act 1983.

In light of the covid-19 pandemic, and to provide additional flexibility to EROs in the conduct of this year’s annual canvass, this legislation will delay the publication deadline for the final revised 2020 electoral register in Great Britain by two months from 1 December 2020 to 1 February 2021. This is in line with existing legislation which allows the final publication deadline to be delayed by the same period of time should an election be held in an ERO’s area within the canvass period of 1 July and 1 December. This change in publication date will have no negative impact on the conduct of the May 2021 elections, indeed it will allow EROs the greatest possible preparation for their safe and effective conduct.

This greater flexibility for the date of publication for the revised registers complements the flexibility already provided by the newly reformed annual canvass, which will allow EROs to conduct safer and more responsive canvasses than ever before. EROs now have greater flexibility to use digital contact methods in place of paper forms, thereby reducing the amount of manual handling, and are able to use telephone contacts where possible in place of door knocking. The Electoral Commission has already issued guidance to EROs on carrying out a covid-secure canvass and Government officials are monitoring the situation in order to provide further non-legislative support as needed.

In Northern Ireland the canvass is not conducted annually but must be held at least every 10 years. The last canvass was held in Northern Ireland in 2013 and the Coronavirus Act 2020 has postponed the canvass that was due to be held this year to 2021. Under the Northern Ireland system of continuous registration, the chief electoral officer publishes a revised register on 1 December every year (as well as monthly updates) regardless of whether a canvass has been conducted. As boundary reviews are required to be based on electoral data from the same date in all four nations, it is appropriate for the March 2020 data to be used for the next boundary review in Northern Ireland.

In developing our policy we have worked extensively with stakeholders, including the Electoral Commission, the Association of Electoral Administrators and the Scottish Assessors Association, who have all welcomed our proposals. We have also worked closely with the Scottish and Welsh Governments to agree a consistent policy of extending the publication deadline of revised registers across Great Britain, and they intend to bring forward separate, complementary legislation in relation to the local government registers in their respective nations.

[HCWS278]